Jury Service

The right to trial by jury is one of our society’s most valued liberties. According to a 1998 American Bar Association public opinion poll, 78% of the public rates our jury system as the fairest way to determine guilt or innocence, and 69% of those surveyed consider juries to be the most important part of the justice system.

The Problem

Despite the public’s strong support of the jury system, interest in serving on juries has dropped off substantially in recent years. Each year, approximately 15 million Americans are summoned to jury duty. A significant number citizens simply ignore the juror summons. In some urban jurisdictions, fewer than 10% of its citizens respond. While a portion of this non-response rate is attributable to out-of-date records and summonses that are mailed to the wrong address, many citizens simply ignore their civic obligation and opportunity to serve. Those who do arrive at the courthouse often avoid service through “occupational exemptions” that benefit certain professions or come presenting flimsy “hardship excuses” to escape jury duty. All too often, they are successful. Jury duty can impose a severe financial hardship on working people. In most states, employers are not required to pay their employees during any period in which they are absent for jury service. These citizens are faced with receiving only a miniscule court fee (usually $10- 40) per day for their service, an amount that may not even reimburse them for transportation costs. High-income professionals avoid jury service through statutory exemptions, hardship excuses, and lax enforcement of summonses. Juror hardship is particularly great in the small percentage of trials that can last several days, weeks, or months. This trend has made it difficult to fill the jury box, increased courts’ administrative costs, and threatened the constitutional right to a representative jury.

ATRA’s Position

All citizens should equally share the obligation of jury duty regardless of their occupation and income level. Not only does requiring all to serve more fairly distribute the burden of jury service throughout the public, but it is also necessary to ensure a diverse and representative jury. ATRA encourages the states to lessen the burden on working people called for jury duty and thereby encourage their service by:

  1. Establishing an easy method of obtaining one automatic postponement of jury service to a date of the juror’s choosing;
  2. Adopting and implementing a one-day/one-trial system;
  3. Limiting the frequency of jury service;
  4. Requiring that businesses provide employees with their regular salary for the first ten days of jury service, while exempting small businesses from this obligation;
  5. Protecting the employment benefits of those who serve on juries by not permitting employers to require their employees to use leave time in order to serve; and
  6. Creating a fund to provide additional compensation for jurors selected to serve on long trials.
    ATRA also encourages states to ensure that all people serve on juries by:
    1. Eliminating all occupational exemptions from jury service;
    2. Tightening the standard for hardship excuses; and
    3. Providing that ignoring a juror summons is punishable as a criminal misdemeanor.

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States
Status
Post Types
Date
BP Exploration & Production Incorporated, et al. v. Lake Eugenie Land & Development, Incorporated, et al.,
No. 14-123 (U.S., filed September 2014):  Urging the United States Supreme Court to hear BP’s appeal of critical class action issues stemming from the...
SCOTUS
  • Court Denied Cert iconCourt Denied Cert
Dummitt v. Crane Co.
(N.Y., filed September 2014): Arguing that, Defendants are only responsible for harms caused by their own products and do not have a duty to warn abou...
New York
  • Court Ruled Against ATRA's Position iconCourt Ruled Against ATRA's Position
Bristol-Myers Squibb Co. v. The Super. Ct. of S.F. Cnty.
(Cal., filed September 2014): Arguing that it is improper for California courts to exercise specific personal jurisdiction over a company that has no ...
California
  • Court Granted Cert iconCourt Granted Cert
Mobil Co. v. Johnson
(Fl. Distr. Ct. of Appeal of 4th Distr., filed October 2014): Arguing that in any toxic tort case, it is important to assess the dose received by the ...
Florida
  • Case Settled iconCase Settled
Nissan Motor Co. v. Maddox
(KY, filed in October 2014): Arguing that it is improper to award punitive damages to a plaintiff who was injured by a product that met government reg...
Kentucky
  • Court Ruled in Favor of ATRA's Position iconCourt Ruled in Favor of ATRA's Position
BP In Re Deepwater Horizon
(US Court of Appeals, 5th Circuit, filed in December 2014): Arguing that claims administrators should be subject to the same standards of impartiality...
5th Circuit
  • Case Settled iconCase Settled
Rost v. Ford
(Penn., filed in January of 2015):  Arguing that a plaintiff in an asbestos action cannot satisfy the burden of establishing substantial-factor causat...
Pennsylvania
  • Court Ruled Against ATRA's Position iconCourt Ruled Against ATRA's Position
In Re Longview Energy Co.
(Tex. Filed in January of 2015): Arguing that the statutory limit on appeal bonds should apply per judgment, not per judgment per party. ...
Texas
  • Court Ruled in Favor of ATRA's Position iconCourt Ruled in Favor of ATRA's Position
Kesner v. Superior Court and Haver v. BNSF Railrods
(Cal., filed in March of 2015): Arguing that the California Supreme Court should reject the theory of take-home exposure in asbestos cases. ...
California
  • Court Ruled Against ATRA's Position iconCourt Ruled Against ATRA's Position
In Re Urethane
(U.S. Supreme Court, filed in April of 2015): Arguing that the Court must clarify the Rules Enabling Act and Rule 23 of the Federal Rules of Civil Pro...
SCOTUS
  • Case Settled iconCase Settled



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